John Mackay, 52, of Sanford, was taken by LifeFlight of Maine after he fell from a golf cart driven by 59-year-old Gary Belinsky of Westford, Mass. Belinsky was arrested and charged with operating under the influence, Capt. Shawn O’Leary of the Cumberland County Sheriff’s Office said Sunday.

O’Leary said Monday that pending review by the Cumberland County district attorney’s office, charges against Belinsky could be upgraded to aggravated OUI, a Class C felony.

Mackay and Belinsky were at the resort on vacation and had just finished dinner with a group of people, the majority of whom allegedly had been drinking, O’Leary said. He added that he was not sure whether Mackay was drinking.

Story continues below advertisement.

“They were just driving down the road — being a golf cart, it doesn’t go very fast,” O’Leary said. “Mr. Mackay stood up. We’re not sure if [the golf cart] hit a bump or hit a rock, but he just fell out of the golf cart and struck his head.”

The sheriff’s office did conduct an investigation into the “unique set of circumstances” surrounding the crash, but O’Leary said the district attorney’s office will ultimately determine whether to charge Belinsky with aggravated OUI, a charge that results when someone is injured as a result of a crash.

“If it had been a car or a motorcycle, it would be pretty clear cut,” he said. “These things don’t happen all the time with a golf cart.”

Belinsky was released from Cumberland County Jail on Sunday morning after posting bail, according to a jail official. The amount of his bail was not immediately available.